P.K.Mukherjee, J. - (1.) This writ petition was moved on behalf of Andaman & Nicobar Islands Forest Corporation Workers' Union, represented by its General Secretary challenging an Award dated June 25, 1992, passed by the Presiding Officer, Industrial Tribunal, Andaman and Nicobar Islands, Port Blair, in I.D. (IT) Case No. 3 of 1990.
(2.) Earlier, the appropriate Government referred the following dispute to the said Tribunal. "Whether the charters of demands as shown in Annexure, of the workmen employed in Andaman & Nicobar Islands Forest and Plantation Development Corporation, are fair and justified ? And if so, to what reliefs are the concerned workmen entitled?"
(3.) The list of Charter of demands which has annexed along with the reference is set out below : "List of charter of demands required to be referred to the Industrial Tribunal for adjudication. (1) Grant of arrears of variable Dearness Allowance from October, 1986 to the workers of the Forest and Plantation Development Corpn. The representative of Van Vikas Karmachari Sangh and Forest Corporation Employees Union demanded that the workers of Forest Corporation should be paid tire quantum of variable Dearness Allowance occurred to them from October, 1986. They stated that as per tire earlier settlement there are two things involved i.e. rate of wages and variable Dearness Allowance. The workers of tire Forest Corporation have not been paid variable Dearness Allowance from October, 1986, on the increased rate of minimum wages. The Union representatives stated that it is tire legal claim of the workmen and it should be paid to them as arrears of variable Dearness Allowance. (2) Grant of Scale of pay with weightage of length of service. The two unions representatives stated that all the officers and staff of the Forest Corporation other than the workers are born on regular establishment and different scales of pay are applicable to them. The Union demand that one and the same pattern should be followed in dealing with conditions of service of all the employees of the Corporation. During the course of conciliation discussion the Union has agreed to the increase in wages of the basis of the length of service. Even this proposal was not accepted by the Unions. Unions therefore demanded once again that either tire scale of pay or the increase in wages by giving weightage for length of service should be considered by the Management. (3) Enhancement of earned leave and sick leave with full wages. The two unions stated that the officer and staff of the Corporation other than workers are enjoying the benefit of leave under the Central Civil Service Leave Rules, Unions, therefore, demanded that one and the same rule should be applied to all employees of the Corporation and the facilities of earned leave and sick leave should also be granted to workers under Central Civil Service Leave Rules. (4) Free Sea passage and Joining Time. The Union representative stated that at present the workers are given only one day joining time to proceed to Port Blair from Hut Bay and free sea passage from Port Blair to mainland. The Unions demanded that full joining time for sea journey from Hut Bay to Port Blair and from Port Blair to mainland port including free sea passage should be given to all workers and their family members. (5) Grant of House Rent Allowance. It was demanded that all the workers of the Corporation be given appropriate residential accommodation and till such time it is accomplished the workers who have not been provided with residential accommodation be granted House Rent Allowance @ their counterparts in the Government Departments are getting. Demand of A & N Islands Forest Corporation Workers' Union. 1. Grant of Scale of pay. The Union representative stated that all the staff of the Corporation i.e. from the Managing Director to the lowest category except mazdoors are on scale of pay. They are enjoying the scale of pay and other allowances as per their service conditions, whereas the workers are getting their wages as per the daily rate fixed. The workers have put in many years of service but still they are caned casual and they have not been given regular scale of pay. The Union, therefore, demanded that these workers should be given regular scale of pay as per the Fourth Pay Commission's recommendation or in the alternative the scale of pay as prescribed by other Government undertaking with effect from 1.1.1986.;